Dispute Resolution Processes – Adjudicator’s Role – Standing – Summary Dismissal/Summary Judgment/Striking Out Proceedings
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PARTIES AND REPRESENTATION – PROPER OR NECESSARY PARTY AND STANDING – where the first respondent defendant was a body corporate which terminated letting and caretaking agreements with the first applicant plaintiff – where the body corporate’s committee members and its solicitor were included as defendants – whether parts of the statement of claim relating to the body corporate’s committee members and solicitor disclose no reasonable cause of action or are an abuse of process – whether these paragraphs should be struck out
PROCEDURE – STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – JURISDICTION – GENERALLY – where the first respondent defendant was a body corporate which terminated letting and caretaking agreements with the first applicant plaintiff – where the dispute had not been pursued before a specialist adjudicator or QCAT – whether the remainder of the claim and statement of claim should be set aside for want of jurisdiction or because the dispute must be remedied before a specialist adjudicator or QCAT.

Dunlop & Anor v Body Corporate For Port Douglas Queenslander CTS 886 & Ors [2021] QSC 85 (27 April 2021)